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amount, and the interest so acquired shall be subject to all the obligations and restrictions provided in the last section of this act.

Assent of Congress hereby given to the act of the Legislature of Wisconsin, incorporating the Milwaukee and Rock river canal company.Sec. 9. And be it further enacted, That the assent of Congress is hereby given to the act of the Territorial Legislature of Wisconsin entitled an act to incorporate the Milwaukee and Rock river Canal Company, subject to the preceding modifications and to the following provision; that in estimating the principal sum and interest to be paid by the said Territory or the future State of Wisconsin to the stockholders of the said canal, a credit shall be given to the Territory or State for all dividends received by the said stockholders prior to the extinguishment of their interest in the said canal, in the mode provided by the twenty-third section of the said act of incorporation.

Tolls.Sec. 10. And be it further enacted, That Congress may, at any time until said Territory shall be admitted as a State, prescribe and regulate the tolls to be received by said company; and after said Territory shall be admitted as a State, the Legislature thereof shall possess the like power; and said act of incorporation is hereby approved, subject to the modification and conditions aforesaid.

Lands probably falling within limits of said grant, &c., to be reserved from sale.Sec. 11. And be it further enacted, That the Secretary of the Treasury shall reserve from sale the lands probably falling within the limits of said grant, and the lands which, by the first section, were reserved to the United States, until the said canal can be located and the lands selected as contemplated by this act, and no pre-emption right shall attach thereto.

Approved, June 18, 1838.

Statute ⅠⅠ.



June 18, 1838.

Chap. CXV.An Act to reorganize the district courts of the United States in the State of Mississippi.[1]

1839, ch. 27.
Mississippi divided into two districts.
Northern district.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Mississippi shall be, and the same is hereby, divided into two districts, in the following manner, to wit: The counties of Noxubee, Winston, Attala, Carrol, Bolivar, Coahoma, Tunica, De Soto, Marshal, Tippah, Tishemingo, Itawamba, Monroe, Lowndes, Oaktibbeha, Choctaw, Yalobusha, Tallechatcha, Penola, Lafayette, Pontotoc, and Chickasaw, in said State, shall compose one district, to be called the northern district, and a court shall be held for the said district, at the town of Pontotoc, and the residue of the counties of the said State shall hereafter compose the southern district of Mississippi,Southern dist. and a court shall be held for the same, as heretofore, at the city of Jackson.

U.S. district judge for Miss to hold two terms a year in northern dist.Sec. 2. And be it further enacted, That there shall be two terms of the district court, for the northern district, held at Pontotoc, in each year, to begin on the first Monday of June and December, and the district judge of the United States for the State of Mississippi is hereby required to hold the courts aforesaid.

All cases pending in the dist. court at Jackson, &c. to be transferred for trial, &c.Sec. 3. And be it further enacted, That all causes at law or in chancery, and all indictments pending in the district court at Jackson, in which the defendant or defendants resided in the northern district (hereby established) at the time of serving process or the finding of a bill of indictment, shall be transferred for trial to the district court for the said northern district, and be proceeded in, heard, adjudged, and determined, in the same manner as though originally commenced or prosecuted in the said court; and it shall be the duty of the clerk of the district court at Jackson,The original papers to be transferred. safely to transmit to the clerk of the district court at Pontotoc, the original papers in all cases and prosecutions hereby ordered to be transferred, together with a transcript of all orders and other proceedings had thereon.


  1. See notes of acts relating to the district court of Mississippi, vol. 3, 611.